BILL NUMBER: SB 1102	CHAPTERED  09/26/00

	CHAPTER   684
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 30, 2000
	AMENDED IN SENATE   JANUARY 24, 2000
	AMENDED IN SENATE   JANUARY 3, 2000

INTRODUCED BY   Senator Murray
   (Principal coauthor:  Senator Polanco)
   (Principal coauthors:  Assembly Members Cardenas, Cedillo, and
Villaraigosa)

                        FEBRUARY 26, 1999

   An act to amend Section 13591.4 of the Penal Code, relating to
peace officer training.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1102, Murray.   Peace officers:  racial profiling training.
   Existing law generally prescribes peace officer training conducted
by the Commission on Peace Officer Standards and Training.
   This bill would prohibit law enforcement officers from engaging in
racial profiling.  It would require every law enforcement officer in
the state to participate in racial profiling training, with the
curriculum developed by the Commission on Peace Officer Standards and
Training, in collaboration with a 5-person panel as specified.  By
imposing additional training duties on local law enforcement
entities, this bill would impose a state-mandated local program.
   This bill would require a report by the Legislative Analyst to the
Legislature, not later than January 1, 2002, regarding data
collection in connection with racial profiling, as specified.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13519.4 of the Penal Code is amended to read:
   13519.4.  (a) On or before August 1, 1993, the commission shall
develop and disseminate guidelines and training for all law
enforcement officers in California as described in subdivision (a) of
Section 13510 and who adhere to the standards approved by the
commission, on the racial and cultural differences among the
residents of this state.  The course or courses of instruction and
the guidelines shall stress understanding and respect for racial and
cultural differences, and development of effective, noncombative
methods of carrying out law enforcement duties in a racially and
culturally diverse environment.
   (b) The course of basic training for law enforcement officers
shall, no later than August 1, 1993, include adequate instruction on
racial and cultural diversity in order to foster mutual respect and
cooperation between law enforcement and members of all racial and
cultural groups.  In developing the training, the commission shall
consult with appropriate groups and individuals having an interest
and expertise in the field of cultural awareness and diversity.
   (c) For the purposes of this section, "culturally diverse" and
"cultural diversity" include, but are not limited to, gender and
sexual orientation issues.  The Legislature finds and declares as
follows:
   (1) Racial profiling is a practice that presents a great danger to
the fundamental principals of a democratic society.  It is abhorrent
and cannot be tolerated.
   (2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.
   (3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state
should deal with racial profiling.
   (4) The working men and women in California law enforcement risk
their lives every day.  The people of California greatly appreciate
the hard work and dedication of law enforcement officers in
protecting public safety.  The good name of these officers should not
be tarnished by the actions of those few who commit discriminatory
practices.
   (d) "Racial profiling," for purposes of this section, is the
practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped.
   (e) A law enforcement officer shall not engage in racial
profiling.
   (f) Every law enforcement officer in this state shall participate
in expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.  Training shall begin being
offered no later than January 1, 2002.  The curriculum shall be
created by the commission in collaboration with a five-person panel,
appointed no later than March 1, 2001, as follows:  the Governor
shall appoint three members and one member each shall be appointed by
the Senate Committee on Rules and the Speaker of the Assembly.  Each
appointee shall be appointed from among prominent members of the
following organizations:
   (1) State Conference of the NAACP.
   (2) Brotherhood Crusade.
   (3) Mexican American Legal Defense and Education Fund.
   (4) The League of United Latin American Citizens.
   (5) American Civil Liberties Union.
   (6) Anti-Defamation League.
   (7) California NOW.
   (8) Asian Pacific Bar of California.
   (9) The Urban League.
   (g) Members of the panel shall not be compensated, except for
reasonable per diem expenses related to their work for panel
purposes.
   (h) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and examine the
patterns, practices, and protocols that make up racial profiling.
This training shall prescribe patterns, practices, and protocols that
prevent racial profiling.  In developing the training, the
commission shall consult with appropriate groups and individuals
having an interest and expertise in the field of racial profiling.
The course of instruction shall include, but not be limited to,
adequate consideration of each of the following subjects:
   (1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.
   (2) Negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how historical
perceptions of discriminatory enforcement practices have harmed
police-community relations.
   (3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.
   (4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.

   (5) Perspectives of diverse, local constituency groups and experts
on particular cultural and police-community relations issues in a
local area.
   (i) Once the initial basic training is completed, each law
enforcement officer in California as described in subdivision (a) of
Section 13510 who adheres to the standards approved by the commission
shall be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial and cultural trends.
   (j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling.  The Legislative Analyst
may prescribe the manner in which the data is to be submitted and may
request that police agencies collecting such data submit it in the
requested manner.  The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
